The Story of the Upper Canadian Rebellion, Volume 1Dent, John Charles
History
The Story of the Upper Canadian Rebellion, Volume 1
Dent, John Charles
Canada -- History -- Rebellion, 1837-1838; Ontario -- Politics and government
"My Lord, while I have been dragged into this Court, on the mere
suspicion of libel, by His Majesty's Attorney-General, I hold in my hand
the printed confession of His Majesty's Solicitor-General, Henry John
Boulton Esquire, of a crime that the law of England calls murder,
committed ten or eleven years ago.[100] Yet no indictment has been
brought against him, and this confession is attested by James Fitz
Gibbon Esquire, a magistrate of this District, and by the Sheriff of
this Court. I hold also in my hand the printed history of an outrage of
the grossest character, where a number of young official gentlemen in
this town assembled together and committed a noonday burglary, by
breaking into the private house of William Lyon Mackenzie, and
destroying his property. This atrocious outrage, please your Lordship,
was proved on the floor of this Court, in the presence of His Majesty's
Attorney-General. The perpetrators were identified and sworn to, yet no
indictment has ever been brought against them, while the
Attorney-General is busying himself in sending spies and informers into
my printing office to bring me up for imaginary offences."
The Attorney-General could hardly be expected to sit quietly under such
accusations as these, made in open Court, and listened to by the bench
without any expression of disapprobation. He rose in some heat, and
remarked that he hoped the Court would not allow the public business to
be thus interrupted. "The defendant," said he, "is not upon his trial,
nor has he ever been arraigned. He seems merely to be indulging himself
in an attack upon me as Attorney-General--an attack which could not have
any bearing upon his own case, even if it were now before a jury; but
which at present is nothing but a most improper interruption of the
business of the Court, by an harangue intended to prejudice the public
mind before he shall be put upon his trial. As to the matters of which
he has spoken, I am not to be called to account by him, or by any other
defendant, for the discharge of my official duties with respect to other
parties not now before the Court. I am at all times ready to account for
my proceedings as Attorney-General to the Government for whom I act, and
to whom I am responsible; but I trust that the Court will not suffer a
person whom I merely know as defendant upon bills for libels of the most
disgraceful kind, and whose arraignment upon these charges has been
postponed, as an indulgence, at his own request--I trust that such a
person will not be allowed to address the Court in this irregular
manner, for the mere object of calumniating me, whose duty it is to
conduct the prosecutions against him."
A brief silence followed these words, after which Collins resumed, and
was allowed to proceed without further interruption.
Public-domain text, read in full here on John Shaqi.
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